Court seeks balance between cultural tradition and citizens’ right to clean air
(By Sarhind Times Legal & Environment Bureau | New Delhi | October 17, 2025)
New Delhi — The Court’s Delicate Balancing Act
In a significant pre-Diwali ruling, the Supreme Court of India has allowed the limited sale and use of “green crackers” across the National Capital Region (NCR) for a three-day window, marking a calibrated attempt to balance cultural traditions with public health imperatives.
The bench, led by Justice Sanjay Kishan Kaul and Justice Bela M. Trivedi, stated that the court’s intent was to uphold citizens’ “right to breathe clean air without extinguishing their right to celebrate within limits.”
“We are not banning festivals; we are regulating their expression in a way that safeguards health,” Justice Kaul observed during the pronouncement.
The order permits sale and bursting of CSIR-certified green crackers under designated time slots — from 8–10 p.m. on Diwali, 7–9 p.m. on Gurpurab, and 11:55 p.m.–12:30 a.m. on Christmas and New Year’s Eve.
Violations, the court warned, would attract contempt proceedings and criminal penalties under the Air (Prevention and Control of Pollution) Act, 1981.
The Context: A Decade of Crackdown and Confusion
The Supreme Court’s relationship with fireworks has been a saga of evolving caution. Since its 2017 judgment in Arjun Gopal v. Union of India, the Court has oscillated between outright bans and controlled permissions, responding to annual spikes in air pollution across Delhi-NCR.
In 2021 and 2023, blanket bans had been imposed amid record-breaking AQI readings; however, implementation remained uneven, and public confusion persisted over what constituted a “green cracker.”
This year’s calibrated order is seen as an attempt to introduce predictability and accountability, rather than ad hoc prohibitions.
“The Court appears to be acknowledging festival sentiment while asserting its environmental vigilance,” said senior advocate Ramesh Gupta, who represented a petitioner seeking total prohibition.
Defining “Green Crackers”
To the average citizen, “green cracker” has often been a nebulous term. The Court reiterated that only CSIR-certified, PESO-approved products qualify — including SWAS, SAFAL, and STAR series fireworks.
These reduce PM2.5 emissions by 30–40%, eliminate barium and arsenic, and are identifiable through QR codes verifying authenticity.
“We encourage state authorities to use digital verification apps to identify legal stocks,” Justice Trivedi directed. “This is not a symbolic relaxation, it’s a regulated allowance.”
Regulated Sale, Stringent Oversight
The Court’s order lays down specific operational guidelines:
- Licensed Vendors Only: Sale restricted to traders approved by the Petroleum and Explosives Safety Organization (PESO).
- Time-Bound Use: Strict adherence to approved time slots, varying by festival.
- No Online or Interstate Sales: E-commerce platforms are prohibited from shipping crackers into NCR.
- Designated Zones: States and municipalities must earmark open, low-density zones for bursting to minimize pollution clustering.
- Enforcement Teams: Pollution Control Boards, police, and district magistrates to form joint inspection squads during the permitted days.
“Authorities are not to treat this as permission to ignore their duties,” the bench noted pointedly.
Delhi Government’s Reaction: ‘A Balanced Verdict’
The Delhi Government welcomed the verdict, calling it “a responsible middle path.”
“This ensures cultural sensitivity while preventing chaos,” said Environment Minister Gopal Rai. “Our enforcement teams are ready, and we will launch awareness drives urging people to stay within limits.”
The Delhi Pollution Control Committee (DPCC) will issue revised advisories outlining sale points and disposal mechanisms for firework residues.
Haryana, UP, and Rajasthan Mirror the Move
Following the Supreme Court’s decision, neighboring administrations of Haryana, Uttar Pradesh, and Rajasthan—whose NCR districts are bound by CAQM regulations—announced that they would mirror the same window.
“Uniformity across NCR is essential; air knows no borders,” said Haryana Environment Minister Sandeep Singh.
Local bodies in Gurugram, Noida, and Ghaziabad have already begun surveying outlets to ensure that only licensed “green” stock remains in circulation.
Environmentalists Remain Cautious
While acknowledging the order’s nuanced tone, environmental scientists warn that volume control, not just “green technology,” determines real-world impact.
“Even green crackers, when used en masse, can drive AQI beyond 400 in stagnant conditions,” explained Dr. Rakesh Verma, researcher at IIT Delhi’s Centre for Atmospheric Studies. “The chemistry of the atmosphere doesn’t accommodate sentiment.”
According to SAFAR-India, post-Diwali particulate surges in NCR typically elevate PM2.5 concentrations by 200–300 µg/m³ overnight, regardless of the “green” status of fireworks.
Air-Quality Forecast: Critical Days Ahead
Meteorological agencies predict calm winds and stable night layers during the festival week — conditions that trap pollutants near the surface.
The Central Pollution Control Board (CPCB) expects AQI levels to breach the “very poor” threshold (250–300) across NCR between October 30 and November 3.
“If emissions exceed expectations, Stage-2 of the Graded Response Action Plan (GRAP)**—which includes bans on diesel vehicles and construction—may be activated within 48 hours,” said a CAQM official.
Public Health Advisory
Medical experts emphasized vigilance and self-protection, especially for vulnerable groups.
“People with asthma or heart disease should avoid outdoor activity post 8 p.m. during the window,” said Dr. Sonali Agarwal, pulmonologist at Fortis Gurugram. “Masks with PM2.5 filtration and indoor air purifiers are advisable.”
Hospitals across NCR have been directed to keep emergency rooms on alert for respiratory and eye-related complaints.
Law Enforcement on Ground
Police departments across Delhi, Noida, and Gurugram will deploy joint control rooms, mobile squads, and drones to monitor compliance.
“We’ll have live-tracking of air-quality sensors and GPS-based patrol allocation,” said ACP (Operations) Rajesh Kumar.
In Delhi alone, over 900 personnel will be on duty, with penalties up to ₹10,000 for unauthorized sales or violations of time windows.
Tradition vs. Regulation: The Ongoing Debate
The Court’s move reopens the perennial debate: can India balance deep-rooted festival customs with its climate realities?
“Every year, the judiciary ends up being the moral referee,” said Prof. A. K. Mehta, policy analyst at JNU. “Ideally, this balance should come through civic maturity, not courtroom micro-management.”
Social scientists note a growing shift, especially among urban youth, toward alternative celebrations — laser shows, community light events, and eco-friendly “zero-noise” gatherings.
Public Sentiment: Relief, but with Restraint
Many NCR residents expressed relief at the partial relaxation.
“It’s a sensible compromise,” said Ankit Sharma, a shop owner in Faridabad. “We’ll sell only certified green crackers — it keeps business alive and air cleaner.”
Others, however, fear weak enforcement may undermine the spirit of the order.
“In theory, this sounds fine,” said environment activist Shruti Jain, “but when every colony bursts simultaneously, the difference between green and grey disappears.”
The Economics of Crackers: A Shrinking Industry
India’s fireworks sector, centered in Sivakasi (Tamil Nadu), has witnessed significant contraction.
- Pre-2018, the industry employed 3 lakh workers; now fewer than 1.8 lakh remain active.
- Over 70% of production lines have shifted to “green formulations.”
- Export markets remain restricted due to evolving international standards.
“The industry is trying to modernize, but demand uncertainty hurts small manufacturers,” said P. Arumugam, president of the Tamil Nadu Fireworks Association.
The SC’s decision is expected to stabilize seasonal employment, though short-term gains may depend on weather forecasts and public sentiment.
International Parallels: What Other Cities Do
| City | Festival / Season | Regulation | Outcome |
| Beijing | Lunar New Year | Complete ban within city limits | AQI improved by 25% |
| London | New Year | Centralized fireworks managed by city council | AQI impact minimal |
| Dubai | National Day | Laser & drone shows replacing fireworks | 80% lower emissions |
| Delhi-NCR | Diwali | Controlled “green cracker” window | TBD — monitored closely |
Analysts suggest India’s approach now resembles a hybrid regulation model — blending cultural accommodation with technological mitigation.
Citizen Action: What Residents Can Do
Authorities and NGOs have issued advisories for safe participation:
- Use only QR-coded CSIR-certified crackers.
- Avoid bursting in narrow residential lanes.
- Dispose of remnants properly; do not wash into drains.
- Check AQI before exposure; use N95 masks outdoors.
- Choose community zones over individual fireworks.
“Celebration doesn’t require combustion,” remarked Megha Suri, founder of Breathe Easy Gurugram. “The joy of light can exist without the shadow of smoke.”
Expert View: The Court’s Shift from Bans to Balance
Legal scholars interpret the ruling as part of the judiciary’s maturation from prohibition to proportion.
“The Court is signaling regulatory realism,” said Prof. Faizan Mustafa, constitutional expert. “Absolute bans often alienate; calibrated permissions promote shared responsibility.”
Indeed, the order reiterates that the right to religion (Article 25) and the right to clean air (Article 21) must coexist through reasonable restrictions—a nuanced approach aligning with the Doctrine of Proportionality.
Monitoring Compliance: A Tech-Enabled Framework
The Court also directed the Central Pollution Control Board (CPCB) and CSIR to collaborate on a public QR verification portal and real-time air quality dashboard during the permitted window.
This will allow residents to track AQI in their locality and verify licensed vendor data.
“We aim for transparency and traceability,” said Dr. S. Chandrasekhar, Director General, CSIR. “The green transition must be verifiable, not just declared.”
Conclusion: A Lesson in Shared Responsibility
The Supreme Court’s ruling may go down as one of the most pragmatic interventions in India’s environmental jurisprudence — a recognition that lasting change cannot rely on bans alone but on behavioral reform, innovation, and empathy.
As NCR gears up for its brightest nights, the larger question remains: can India celebrate light without breathing darkness?
The coming days will provide that answer — not in the courtroom, but in the sky above and the air we breathe below.
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